Protest & Demonstration
Your rights during public demonstrations, marches, and protests.
- 1.You have the right to protest in public spaces — sidewalks, parks, plazas
- 2.You do not need a permit for small groups or spontaneous demonstrations in most cases
- 3.If police issue a lawful dispersal order, you must comply or risk arrest for failure to disperse
- 4.Ask if any order to disperse is lawful and where you may go
- 5.You have the right to record police at protests
- 6.If arrested, invoke your right to remain silent and ask for an attorney
- 7.Do not engage aggressively with counter-protesters or police
Your Rights
- ✓First Amendment right to peaceful assembly
- ✓First Amendment right to freedom of speech and expression
- ✓Right to record police performing public duties
- ✓Right to protest on public sidewalks and in public parks
- ✓Right to remain silent if detained or arrested
Key Phrases to Use
"I am peacefully exercising my First Amendment rights."
"I am recording this encounter."
"I do not consent to a search."
"Am I free to go?"
"I am invoking my right to remain silent."
"I want an attorney."
What Officers Cannot Do
Disperse a peaceful, lawful protest without a lawful order
Arrest people solely for the content of their speech
Prohibit recording of police in public spaces
Use excessive force against peaceful protesters
Target protesters based on their viewpoint or message
Mass arrest everyone in an area without individual probable cause (in most circumstances)
Key Cases
Court rulings related to this situation.